Last evening a judge issued a restraining order against Kosair Children's Hospital.

"When I was called on this last night to take a look at this it was the understanding it would be only until such a time we had a chance to have a hearing on it," said Jefferson County Circuit Court Judge McKay

The question Thursday was whether to extend it.

"I don't understand the urgency of Norton's request to this child being taken off life support," said Leslie Bates, the mother's attorney.

Chauvin voiced concern over the criminal component of the civil action.

Lopez, 24, stands accused of fracturing his son's skull and other injuries.

He was arraigned on Tuesday.

According to court documents, examinations by two physicians confirmed brain death.

Lawyers for Kosair Children's Hospital and Norton Healthcare said the mother was informed of the findings, but no one ever threatened to remove life support.

Bates said they want a second medical opinion and time.

"At least 30 days. We need time. That child needs time. He's a 2-month-old baby. He's a gorgeous little boy. He's 11 pounds. Let's give him an opportunity to live and see what happens," Bates said.

Chauvin is allowing the temporary restraining order to expire, but he wants a guardian appointed for the boy to protect the child's rights.

As for Kosair Children's Hospital and Norton Healthcare, they are still seeking permission to remove life support.

That motion will be heard July 14.

Lopez is due back in court on July 11. Along with the criminal abuse charge, Lopez is also being held on an immigration detainer.